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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Soon-to-be Ex husband has ‘hidden’ all assets in Children’s Savings

33 replies

Potatosaladfiend · 02/11/2022 14:48

… and I’ve got no idea what to do. I can’t afford a solicitor (local ones are quoting a fee of over £500 just for a consultation, thousands to proceed).

I left my husband in 2018 due to domestic abuse. Divorce is finally progressing, but the funds from the sale of our family home have mysteriously disappeared. His mother has informed me that about £80,000 worth of equity from the sale was placed in the children’s savings accounts in 2019 (which he is custodian of), and as it now belongs to ‘the children’, who are minors, he apparently doesn’t have to declare it- but can withdraw it as he wishes after the divorce is finalised.

What a joke.

So I guess my only option is to just write it off and rent forever whilst he comfortably buys a new home? How is this allowed?! I don’t think I expected any less of him to be honest but it’s still such a kick in the teeth after everything he did to be left with nothing.

I guess my question, if anyone knows, is when he ‘suddenly’ has the money and buys a property after the divorce, will I have a right to query this? I’m guessing not but I’m so frustrated and clutching at straws.

OP posts:
BankseyVest · 02/11/2022 14:49

Sounds like it would be money well spent to speak to a SHL

kitcat15 · 02/11/2022 14:51

Sounds like you should see a solicitor .,,,it will be worth the money

GreenManalishi · 02/11/2022 14:55

I don't think you can afford not to have a solicitor.

Quitelikeit · 02/11/2022 14:59

What country are you in?

was the house in his name? Or a family members? Was there a trust?

if in the U.K. then and that property was his then he is absolutely not able to sell it and keep the proceeds!!!

does he have a lot of money? If so do consider getting legal advice as I’m sure the bill comes out of the joint pot

CatJumperTwat · 02/11/2022 15:00

There's £80,000 at stake. You need proper legal advice, not MN.

Loserluck · 02/11/2022 15:01

If you are a victim of abuse you can usually claim legal aid.

it’s also illegal to hide money in children’s accounts and can be punishable with the party having to pay the others court fees. A strongly worded letter from a solicitor might magically sort it out. In the meantime phone the bank and ask for a freeze on the account to stop anyone removing money from it.

And get a solicitor

Pumpkinpatchlookinggood · 02/11/2022 15:06

Oo my exh did this. Go into the bank and report it as fraud. They were very interested when I gave details.
Very interested.. I never heard back as it was well post divorce - he was going bankrupt but had cash to stash. The bank did tell me it was a lot of money in each-several accounts! More than would be handed over at the counter..

Original poster
Potatosaladfiend · 02/11/2022 15:19

Thank you for all the very helpful advice to see a solicitor. I know this- But as I said, I can’t afford one! It isn’t a case of not wanting to spend money on a solicitor- I physically don’t have that amount of money available. Nor anywhere to borrow it from. I appreciate the replies come from the right place but it’s so unbelievably frustrating. I’m not expecting mumsnetters to offer legal advice but it’s really helpful to hear from others who have experienced similar.

OP posts:
Summerhillsquare · 02/11/2022 15:29

Try the Rights of Women OP, specialists in family and divorce law and sometimes free.

tellmewhentheLangshiplandscoz · 02/11/2022 15:37

OP look locally as often solicitors do a half day surgery of free legal advice so that could be a start?

Agree with a pp you go and speak to the bank NOW.

over50andfab · 02/11/2022 15:39

My ex thought I'd hidden funds in the DC accounts ( I hadn't) and asked for bank statements going back over more than a year. He on the other hand didn't feel it necessary to disclose a pension he had.

All of this can be ordered by the court when doing Form E if there are reasonable grounds to believe assets have been hidden and bank statement will show a paper trail.

KvotheTheBloodless · 02/11/2022 15:53

Contact the bank and report it as fraud.

AlisonDonut · 02/11/2022 15:56

Did you not have to sign for the sale of the house? Usually the two owners would give the accounts that the proceeds would be paid into.

I agree with the legal aid line, or maybe house insurance might have legal fees in there or an employee helpline if you are working?

SkankingWombat · 02/11/2022 16:21

Things may have changed so this may no longer be an option, but when my DM divorced my F she didn't have two pennies to rub together. She arranged a repayment plan with the solicitor.

Collaborate · 02/11/2022 17:25

I am a family solicitor.

You need to apply for a financial remedy order. Then get disclosure by form E and serve a questionnaire asking for, inter alia, proof of how the proceeds of sale of the house were applied, and get the statements for the children's accounts. If there are sufficeint assets elsewhere then the children are £80k up and you won't suffer as you'll get more of the other assets. If there aren't enough assets elsewhere you need to apply under s37 of the MCA to set aside the gift to the children.

Everyone else is right. You do need a solicitor. But if you can't afford one, at least you now know what you need to do.

Iizzyb · 02/11/2022 22:32

OP sometimes solicitors are able to arrange for finance effectively to pay the bills now and then pay it back when your divorce & financial settlement comes through. It's worth looking into & asking the question.

BankseyVest · 02/11/2022 22:39

Was the house in his name only?

Wherediditallgo · 02/11/2022 22:48

The money isn’t actually in your children’s names it will be in his name “ in trust for” your children. But it’s still his money. When DS was 18 and my mum wanted to change over the name on a savings account she set up when he was small she wasn’t allowed to, and had to transfer the money into her current account first.
Its to do with money laundering I think, so the statements will show exactly what he’s done.

Wherediditallgo · 02/11/2022 22:52

Sorry- to clarify- she wanted to give DS control of “his” account but discovered it she wasn’t allowed to because she opened the account, even though he was the named child.

LifeIsGreatForUnicorns · 02/11/2022 23:18

@Wherediditallgo
i think it depends on what type of account your DM set up- I have two savings accounts for my DC.
one was a child savings account which was in his name and I was the registered adult that I signed over to DC1 when he was 18, the other was a savings account in my name that I paid extra money into so I couldn’t just transfer the name on that account- I had to physically take the money out (via electric transfer) and pay to him iyswim?

Wherediditallgo · 03/11/2022 07:00

It was in his name because I had to show his birth certificate when she opened the account. I think money laundering rules changed a few years ago because she couldn’t understand why she wasn’t allowed to make him the adult in control at 18.

Wherediditallgo · 03/11/2022 07:02

But maybe it’s different because she wasn’t his parent🤷‍♀️

Suzi888 · 03/11/2022 07:12

Collaborate · 02/11/2022 17:25

I am a family solicitor.

You need to apply for a financial remedy order. Then get disclosure by form E and serve a questionnaire asking for, inter alia, proof of how the proceeds of sale of the house were applied, and get the statements for the children's accounts. If there are sufficeint assets elsewhere then the children are £80k up and you won't suffer as you'll get more of the other assets. If there aren't enough assets elsewhere you need to apply under s37 of the MCA to set aside the gift to the children.

Everyone else is right. You do need a solicitor. But if you can't afford one, at least you now know what you need to do.

^Well here is your answer.

GardenMagicYorkshire · 03/11/2022 07:32

I’m not a solicitor but I don’t think your ex is allowed to hide assets.

I would speak to a solicitor who provides a free consultation. Speak to a couple, if you can.

Also speak to a solicitor about whether you can access legal aid as a victim of domestic abuse (it depends on your finances).

Get in touch with your local charity or service that supports victims of domestic abuse - they can support you and may even have a solicitor who can advise you.

Don’t give up.

Rainbowqueeen · 03/11/2022 07:40

Try rights if women or womens aid for help. You can email them. That might be the easiest way to get quick advice.

I agree, you may be eligible for legal aid. They will know.

Use your post here as a base but go into more detail about the abuse.